How does witness protection program work




















Victims of crimes committed by protected witnesses can be compensated for certain crimes as part of the Victims Compensation Fund, as provided by U. Code Title 18, Section Department of Justice. Attorney General Robert F. Shur, who was a U. Attorney at the time, was involved in several cases in which the federal government protected witnesses who testified against organized crime. In , Sen. John L. McClellan of Arkansas introduced a large crime bill.

Robert Blakely, a member of McClellan's staff, had drafted much of this bill. It says that the Attorney General can provide for the protection of witness in "whatever manner deemed most useful under the special circumstances of each case.

Although the law now provided for a program to protect witnesses, many details of the program and the day-to-day administration still had to be formulated. Shur suggested that the Marshals Service protect, hide and relocate witnesses and fund the program.

This new Act provided for the protection of certain relatives and associates. The Comprehensive Crime Control Act of contains regulations and provides general information about the Witness Security Program, setting forth most of the current procedures by which a government attorney may apply for the services of the program in order to protect a witness from dangers that may be related to the witness's testimony.

Today, the Witness Security Program is essential to the prosecution of hundreds of cases. Without it, many witnesses would never come forward or would be killed if they did. With the protection provided by the program, witnesses can testify and then disappear when the trial is over, and the criminals they testify against are almost always convicted. To learn more about the U. Federal Witness Security Program and related topics, check out the links on the next page.

Sign up for our Newsletter! Mobile Newsletter banner close. Mobile Newsletter chat close. Mobile Newsletter chat dots. Mobile Newsletter chat avatar. Mobile Newsletter chat subscribe. Legal System. How Witness Protection Works.

Courtesy United States Marshals Service. Contents Who's Eligible? Who's Eligible? Courtesy U. United States Marshals Service provides security, health, safety of non-incarcerated program participants U. Department of Justice: Office of Enforcement Operations OEO - authorizes the admission into the program of witnesses whose lives are in danger as a result of their testimony against drug traffickers, terrorists, organized crime members or other major criminals Federal Bureau of Prisons BOP - maintains custody of incarcerated witnesses.

Any offense defined in Title 18, United States Code, Section 1 , which covers organized crime and racketeering Any drug trafficking offense described in Title 21, United States Code Any other serious, Federal felony for which a witness may provide testimony that may subject the witness to retaliation by violence or threats of violence Any State offense that is similar in nature to those set forth above Certain civil and administrative proceedings in which testimony given by a witness may place the safety of that witness in jeopardy.

Criminal records Alternatives to witness protection Testimony from other potential witnesses. Marshals provide hour protection to all witnesses, while they are in a high-threat environment including pretrial conferences, trial testimonials and other court appearances. No Witness Security Program participant, following program guidelines, has been harmed or killed while under the active protection of the U.

Marshals Service. In both criminal and civil matters involving protected witnesses, the U. Victims who receive appropriate and adequate care and support are more likely to cooperate with the criminal justice system in bringing perpetrators of crime to justice. However, inadequacies of criminal justice systems may mean that victims are not able to access the services they need and may even be re-victimized by the criminal justice system itself.

States have a responsibility to respect the fundamental rights of victims, assist them in accordance with their special needs, and protect them from further harm. All criminal justice systems have a duty to put in place procedures to provide measures for the protection of persons whose cooperation with the criminal justice system in an investigation or prosecution, puts them, or persons closely associated with them, at risk of serious physical or emotional harm. Such measures may include:.

The challenges posed to States in providing assistance and protection measures to victims and witnesses of crime are compounded when such organized crimes are also transnational. Adequate witness protection measures may be in place in one country, but fail to protect them against threats present in others for lack of cooperation mechanisms. This transnational challenge highlights the need for a higher degree of international cooperation. In accordance with Articles 24 and 25 of Organized Crime Convention, State parties shall take appropriate measures within their means to provide effective protection as well as assistance to victims and witnesses of crime.

Such measures may include inter alia establishing procedures to safeguard the physical integrity of people who give testimony in criminal proceedings from threats against their life and intimidation. Gerald Shur, the retired founder and longtime head of the Federal Witness Protection Program, poses for a portrait May 6, at an undisclosed suburban location.

The U. Thriving cities and sunny beach towns are definitely possibilities, depending on who you are. And of course the first thing is safety. The system seems to work, by the way, so long as you follow the rules. According to the U.



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